# Toia v. HTI LOGISTICS

> Court of Appeals of Arkansas · November 14, 2007 · 100 Ark. App. 314

URL: https://www.frixlaw.com/law-library/cases/9639133

## Case

- **Full name:** Leslie TOIA v. HTI LOGISTICS, Employer
- **Court:** Court of Appeals of Arkansas
- **Decided:** November 14, 2007
- **Citations:** 100 Ark. App. 314; 268 S.W.3d 334; 2007 Ark. App. LEXIS 781
- **Precedential status:** Published
- **Opinion:** Concurrence by Miller
- **Judges:** Robert J. Gladwin
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9639133

## Opinion text

Brian S. Miller, Judge, concurring. I concur with the decision to reverse and remand this case for an award of benefits; and I write separately to reconcile this view with my position in Economy Inn & Suites v. Jivan, 97 Ark. App. 115 , 253 S.W.3d 4 (2007). In Jivan, I voted with this court’s majority to deny benefits based on my view that the claimant was not advancing the interests of her employer while changing clothes to attend a work-out session. The supreme court, however, reversed us in Jivan v. Economy Inn & Suites, 370 Ark. 414 , 260 S.W.3d 281 (2007).
The majority opinion clearly articulates the similarities between Jivan and the present case. Although it is arguable that the claimant, Leslie Toia, was not advancing the interests of his employer at the time of his injury, we are bound by the precedent of our supreme court. See Sanderson v. McCollum, 82 Ark. App. 111 , 112 S.W.3d 363 (2003); Gause v. Shelter Gen. Ins., 81 Ark. App. 133 , 98 S.W.3d 854 (2003). Therefore, I join the majority.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9639133. Public record. Not legal advice.